70 Conn. 566 | Conn. | 1898
If, as appears from the finding, the insured, at the time of their application to the defendant, believed that their prior application to the JEtna Insurance Company for a policy of insurance for $1,000 upon property they were asking the defendant to insure, could not result in a contract of insurance, they were not bound by the terms of their policy to then inform the defendant of that application. But in subsequently accepting the JEtna policy issued in pursuance of their application, they violated the provision against further insurance contained in the policy issued by the defendant; and for this reason the plaintiffs cannot recover. “ Precisely that had occurred which both parties had stipulated should make void the contract of insurance.” Bishop v. Clay Ins. Co., 45 Conn. 430, 453.
The Superior Court is advised to render judgment for the defendant.
In this opinion the other judges concurred.